The Florida probate process is something that many people encounter at some point, especially after the death of a family member or close friend. The process can be complex, and understanding it might be challenging. If you are going through this process yourself or...
Probate
Will your estate be used to pay off debts?
You probably plan to leave your family an inheritance after your death. However, you might die before paying all your debts. This could complicate the efforts of your surviving family members to claim your property in probate. As Nerdwallet explains, in certain...
Can you avoid probate?
The estate planning process includes not only drafting your will but also establishing other important records, such as advanced directives and guardianship declarations. In the state of Florida, most estates pass through probate after the estate owner’s death. If you...
When may someone contest a will and who defends the estate?
Anyone who believes they may have an interest in the deceased's assets may contest a will in probate court. According to the Florida State Legislature, after the testator's death, an individual may dispute an entire will's contents or a portion of it. Wills must name...
What are your duties as your uncle’s personal representative?
When your Uncle Joe created his will and wished to name you his personal representative, you readily agreed, thinking the required responsibilities were still years away. Now that your uncle has died unexpectedly, you will have to administer his estate much sooner...
What duties does a personal probate representative have?
When individuals pass away in Florida, their estates may enter into probate so that the family may settle the deceased final financial affairs. According to the Florida Bar, probate matters may include settling debts and dispersing money and property to beneficiaries...
Can you avoid probate?
After you die, your estate plan will dictate how to distribute your assets. For this to occur, your estate will go through the probate process. According to the Florida Courts, probate is a process overseen by the court system that involves identifying all of a...
How may the probate court handle my outstanding debts?
According to NerdWallet’s yearly Credit Card Debt Study for 2022, American households carry an average debt load of $155,622. When dying with outstanding debts, the executor named in your will may need to pay some of them from your estate’s assets. Surviving spouses...
Guide to Florida probate – How you can make things easier going forward
In Florida, every estate must pass through probate. Familiarizing yourself with what the process involves will help you plan ahead strategically. The first step is to make a petition for probate with the appropriate court. If there is a will, the probate court rules...
The two types of Florida probate administration
Florida provides two different types of probate. As noted by the Florida Bar, property may transfer to heirs through either a formal administration or summary administration process. With a formal process, the probate court settles the deceased's financial matters....